domingo, 8 de novembro de 2009

International Adoption

After the ratification, by Brazil, of the Haia Convention, in Mai,29th '1993, the person interested in adoption must be represented by a registered foreign entity, in accord with the brazilian law, to act in Brazil in adoption area. The law does not allow the adoption directly by the interested person.
The Haia Convention, from Mai,29th '1993, articles 9 to 13, refers to representation "organisms" to promote the adoption outside the interested's country. So, the foreign family must apply to a registered agency in the original contry, and through this entity, all the documentation is presented to the Adoption Comission in Brazil.
These entities must be registered in the interested origin country, as well as in the foreign country. After the registration, such institutions will have a proper authorization to represent families interested in adoption and will be controlled and audited in the origin country, by the Central Authority, and in Brazil. According to the demand in the article 12 of Haia Convention: "A registered organism from a contracting state will only be able to act in another one, once it has been authorized by the authorities on both states".
The registered foreign entities shall prepare the families to the adoption, as well as to receive at home a child diferent culture. After the adoption conclusion, entities support families and affectively follow through the adaptation of the children in the new family and new society, despite of the support to the step parents face any eventual hardness.
The Dias Marques Law Firm offers legal assistance concerning the whole adoption process, including the following stages:
- emission of “Goodstand Certificate ” for the interested foreign family;
The brazilian law rules, in article 52, that the adoption of a brazilian child, intended by a foreigner resident outside Brazil, may be submitted to a previous exam of the personal conditions of the interested, by an "Adoption Justice Comission". The Comission can decide to state the Goodstand Certificate, a kind of a personal recognition of good will. Without this document, it is impossible to conduct a adoption process.
- authorization for foreign overall interest entities in Brazil;
To assure the correctness of the international adoptions of children, in respect of the human rights, as well as to avoid kidnapping, traffic, etc, the foreign organizations for adoption must be registered in Brasil.
- legal advice before the International Adoptions Comissions, all over Brazil, during all the process stages.

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